英语论文网

A broad approach
So why has mediation developed such a broad approach to dispute resolution in such a relatively short space of time?
Some reasons for the appeal are simple and obvious. Forum is not an issue. Proper law is not an issue. Venue is not an issue. Cost is not an issue, when even the most complicated issues of fact and law can be resolved in a matter of days. Methods of enforcement can be built into settlement agreements. Informality of procedure means that clients are not intimidated by the 'system'. Outcomes are fashioned by the clients to suit their needs and wants, not what an independent decision maker says the parties 'shall do'. The opportunity for preserving or creating a meaningful relationship for the future is a realistic one in mediation.
With these actual and perceived benefits of mediation, it is worth spending a few moments to look at the world ADR stage. A convenient starting point is New York, where the UN passed Resolution 57/18 'A Model Law on International Conciliation' - in other words, mediation. It spells out in 14 short articles what mediation is all about. All member states are urged to adopt it. Since 19 November 2002, more and more countries worldwide have recognised the applicability of mediation and its availability to their own circumstances. Some have passed mediation acts of parliament, others have adjusted their rules of court to accommodate the use of ADR. For example, Nigeria has adopted a multi- door courthouse system with a high court judge who is empowered to make non-court-based mediation settlement agreements into enforceable orders of court - a system which works very effectively. In fact, every continent in the world has some of its countries using mediation.
The US, where modern mediation had its birth 30 years ago, South America, Australia, New Zealand, Asia, the Middle East, Africa and Europe, all have countries that are either using mediation or are well down the path to setting up mediation systems. This involves not only the training of mediators, but the willingness of judges and lawyers in practice to allow space for and to use mediation. These aspects take time to develop, but progressively the pace of growth of mediation is accelerating. There is increasing institutional support for mediation. The International Chamber of Commerce's ADR (amicable dispute resolution) rules introduced in 2001 is one example of this.
The one disappointing note is the missed opportunity within the EU to adopt a more positive attitude towards ADR for cross-border disputes. It is anticipated that it will still be left to individual countries to decide how to run their own mediation 'course'. But with so many countries already within the EU - and note that Bulgaria and Romania are taking a leaf out of the EU book with their own ADR strategies before accession - the chance is there. Is it too late for another look at the draft directive?
So what conclusions can we draw from this? One thing is certain, while litigation retains its own particular national style in any jurisdiction, arbitration and ADR/mediation are separate, individualistic and have that essential feature of the state of globalisation in which we now live - cross-border application wherever you are.
The Pros and Cons of ADR, Including ADR/Litigation Hybrids
The following is Vance Opperman’s article which can be found at 1 Sedona Conf. J. 79 本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。